Category: Georgia Court of Appeals Opinions

324 S.E.2d 517 HEARN v. OLD DOMINION FREIGHT LINES. 68640.Court of Appeals of Georgia. DECIDED NOVEMBER 20, 1984. SOGNIER, Judge. Old Dominion Freight Lines brought suit on contract against R. D. Hearn, Jr. for sums allegedly due for cargo losses caused by theft. Hearn answered and counterclaimed for lost profits. The trial court granted summary […]

229 S.E.2d 103 AULD v. SPRATLIN, HARRINGTON COMPANY, INC. et al. 52579.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 13, 1976. DECIDED SEPTEMBER 22, 1976. WEBB, Judge. Auld sued defendant insurance agents alleging that they negligently failed to renew an insurance policy contrary to the agreement between them. The trial court, sitting without a jury, gave judgment […]

397 S.E.2d 717 BARNWELL v. THE STATE. A90A1032.Court of Appeals of Georgia. DECIDED SEPTEMBER 19, 1990. REHEARING DENIED OCTOBER 1, 1990. SOGNIER, Judge. Stanley Barnwell was convicted of trafficking in cocaine and he appeals. The evidence adduced at trial showed that while traveling north on I-95, appellant was stopped by Georgia State Patrol trooper Larry […]

682 S.E.2d 346 COMMUNITY NEWSPAPER HOLDINGS, INC. et al. v. KING. No. A09A1329.Court of Appeals of Georgia. DECIDED JULY 17, 2009. MIKELL, Judge. We granted the application for interlocutory appeal filed by Community Newspaper Holdings, Inc. d/b/a The Union Recorder (“the newspaper”) and reporter Hanna Marney (collectively, “appellants”), to review the trial court’s order denying […]

629 S.E.2d 447 HOLLOWAY v. THE STATE. A05A2112.Court of Appeals of Georgia. DECIDED MARCH 15, 2006. RUFFIN, Chief Judge. A jury found Jonathan Lee Holloway guilty on one count of aggravated child molestation, three counts of child molestation and one count of incest. Holloway appeals, asserting that the trial court erred by: (1) failing to […]

171 S.E.2d 789 KELL v. McCUMBER. 44415.Court of Appeals of Georgia.SUBMITTED APRIL 8, 1969. DECIDED NOVEMBER 10, 1969. WHITMAN, Judge. This case arises out of a collision between two automobiles which occurred on a paved road running generally in a north-south direction. The plaintiff-appellee’s car was heading north on the northbound or east side of […]

253 S.E.2d 802 IN RE CRUDUP. 57064.Court of Appeals of Georgia.ARGUED JANUARY 8, 1979. DECIDED FEBRUARY 15, 1979. REHEARING DENIED MARCH 2, 1979. DEEN, Chief Judge. This appeal is brought from an order of the Superior Court of Hall County signed by Judge A. Richard Kenyon which found Attorney Crudup in contempt of court. Although […]

580 S.E.2d 640 AUGUSTIN v. THE STATE. A03A0084.Court of Appeals of Georgia. March 27, 2003 JOHNSON, Presiding Judge. Etienne Augustin was charged with failing to report an accident, failing to stop at or return to the scene of an accident, driving without insurance, failing to maintain lane, and failing to use a turn signal.[1] A […]

77 S.E.2d 94 MUSTIN v. BARNES. 34395.Court of Appeals of Georgia. DECIDED JULY 15, 1953. 1. Under the evidence adduced in this case, the jury were authorized to find that the defendant’s agent had implied authority to employ the plaintiff to perform the work for which he brought suit to recover the price, and also […]

607 S.E.2d 167 KNOX v. THE STATE. A04A2312.Court of Appeals of Georgia. DECIDED NOVEMBER 19, 2004. MILLER, Judge. Marcus Knox appeals from convictions arising from a stalking episode, arguing that the trial court erred when it admitted evidence of previous similar offenses. We find no error and therefore affirm. Viewed in the light most favorable […]

234 S.E.2d 849 BOWLING v. JANMAR, INC. 53765.Court of Appeals of Georgia.ARGUED APRIL 7, 1977. DECIDED APRIL 19, 1977. The plaintiff-appellant was approaching the appellee’s restaurant when, about ten or fifteen feet from the door, he was struck and kicked in an unprovoked attack by a then unknown assailant. The appellant received injuries, including a […]

351 S.E.2d 649 MAY v. THE STATE. 72954.Court of Appeals of Georgia. DECIDED NOVEMBER 6, 1986. REHEARING DENIED DECEMBER 9, 1986. CARLEY, Judge. Appellant was tried before a jury and found guilty of two counts of violating the Georgia Controlled Substances Act by selling cocaine. He appeals from the judgments of conviction and sentences entered […]

195 S.E.2d 284 CONTINENTAL INSURANCE COMPANIES et al. v. JOHNSON. 47558.Court of Appeals of Georgia.ARGUED OCTOBER 3, 1972. DECIDED JANUARY 8, 1973. QUILLIAN, Judge. This is an appeal from a judgment of the superior court affirming an award of the State Board of Workmen’s Compensation. An award was entered which stated that the claimant was […]

143 S.E.2d 11 CHARLES S. MARTIN DISTRIBUTING COMPANY, INC. v. ROBERTS. 41248.Court of Appeals of Georgia.SUBMITTED APRIL 7, 1965. DECIDED APRIL 21, 1965. REHEARING DENIED MAY 11, 1965. HALL, Judge. The Supreme Court of Georgia has decided that the Court of Appeals has jurisdiction of the issues remaining in this case. Charles S. Martin Distributing […]

390 S.E.2d 645 WILBURN v. THE STATE. A90A0007.Court of Appeals of Georgia. DECIDED FEBRUARY 5, 1990. BANKE, Presiding Judge. The appellant and a co-defendant, Gary Ross, were jointly indicted and tried on charges of burglary (three counts), attempted burglary, and possession of burglary tools. Also named in the indictment were two accomplices who pled guilty […]

668 S.E.2d 319 ENGRISCH v. THE STATE. No. A08A0988.Court of Appeals of Georgia. DECIDED OCTOBER 3, 2008. PHIPPS, Judge. After a jury trial, Randall Charles Engrisch was convicted of armed robbery. He moved for a new trial, arguing, among other things, that the evidence was insufficient to establish the essential elements of the charged offense […]

394 S.E.2d 540 WISE v. CITY OF ADEL et al. A90A0671.Court of Appeals of Georgia. DECIDED APRIL 19, 1990. REHEARING DENIED MAY 9, 1990. DEEN, Presiding Judge. The appellant, William Wise, injured his left elbow during his employment as a captain of the appellee’s fire department, and received workers’ compensation benefits. Eventually, he returned to […]

275 S.E.2d 128 KEYS v. THE STATE. 60930.Court of Appeals of Georgia.SUBMITTED NOVEMBER 3, 1980. DECIDED NOVEMBER 21, 1980. BANKE, Judge. The appellant, indicted for the murder of her husband, was found guilty of voluntary manslaughter and sentenced to 15 years in prison. The sole error enumerated on appeal concerns the following statement by the […]

43 S.E.2d 722 HARTFORD ACCIDENT INDEMNITY COMPANY et al. v. CARROLL. 31585.Court of Appeals of Georgia. DECIDED JUNE 18, 1947. REHEARING DENIED JULY 16, 1947. 1. Where the parties agree upon compensation to be paid an injured employee, and the State Board of Workmen’s Compensation approves the agreement, the board has authority, within the time […]

622 S.E.2d 89 ELLIS v. THE STATE. A05A1902.Court of Appeals of Georgia. DECIDED OCTOBER 17, 2005. BLACKBURN, Presiding Judge. Following a bench trial, Courtney Sentell Ellis appeals his conviction on two counts of homicide by vehicle and two counts of serious injury by vehicle. Ellis contends that the trial court erred by: (1) admitting into […]

226 S.E.2d 747 RISER et al. v. TRUST COMPANY OF GEORGIA. 51895.Court of Appeals of Georgia.SUBMITTED MARCH 8, 1976. DECIDED APRIL 5, 1976. REHEARING DENIED MAY 12, 1976. STOLZ, Judge. Appellants Robert B. Riser and Sara B. Riser are the only child and former wife, respectively, of the late Edward Albert Riser. Trust Company of […]

275 S.E.2d 138 ALEXANDER UNDERWRITERS, INC. v. INSURANCE AGENCIES OF GEORGIA, INC. et al. 60232.Court of Appeals of Georgia.ARGUED JULY 7, 1980. DECIDED NOVEMBER 24, 1980. SOGNIER, Judge. Alexander Underwriters, Inc. (hereafter Alexander) appeals from a judgment on a motion for money rule and denial of its motion for summary judgment. Sparks Insurance Agency, Inc. […]

444 S.E.2d 414 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. HAMILTON. A94A1376.Court of Appeals of Georgia. DECIDED MAY 27, 1994. BLACKBURN, Judge. The appellee, Wendy Hamilton, commenced this action against State Farm to recover no-fault benefits for medical expenses and lost wages and collision coverage benefits for damages to her automobile pursuant to a State […]

319 S.E.2d 878 McFADDEN v. THE STATE. 68423.Court of Appeals of Georgia. DECIDED JUNE 15, 1984. REHEARING DENIED JULY 2, 1984. DEEN, Presiding Judge. The appellant, Charles McFadden, was tried and convicted of aggravated assault, for which he was sentenced to 6 years imprisonment, followed by 4 years probation. During the early evening of April […]

624 S.E.2d 244 TURNER v. THE STATE. No. A05A1927.Court of Appeals of Georgia. DECIDED DECEMBER 2, 2005. MILLER, Judge. Following a jury trial, Angela Turner was convicted of felony theft by taking. On appeal, Turner contends that the trial court erred in failing to instruct the jury that the amount of cash stolen could have […]

352 S.E.2d 846 INTERNATIONAL IMAGES, INC. et al. v. SMITH. 73395.Court of Appeals of Georgia. DECIDED JANUARY 16, 1987. SOGNIER, Judge. This is the second appearance of these parties before this court. International Images v. Smith, 171 Ga. App. 172 (318 S.E.2d 711) (1984), involved a jury award of $300 to Ray Smith in rent […]

112 S.E.2d 800 HARWELL v. PEOPLE’S LOAN FINANCE COMPANY. 38052.Court of Appeals of Georgia. DECIDED JANUARY 25, 1960. CARLISLE, Judge. 1. “It is well settled that a judgment will not be reversed for harmless error. Holcombe v. Jones, 197 Ga. 825 (30 S.E.2d 903). `Legal error is a compound of both error and injury.’ Harrison […]

314 S.E.2d 491 BLANKENSHIP v. BLANKENSHIP et al. 67273.Court of Appeals of Georgia. DECIDED FEBRUARY 2, 1984. POPE, Judge. Appellant Patty Sue Blankenship brought garnishment proceedings against her former husband, appellee Ronald Curtis Blankenship, alleging a debt owed as a result of appellee’s alleged failure to provide insurance coverage as required by the divorce decree. […]

117 S.E.2d 554 COVINGTON et al. v. GENERAL MOTORS ACCEPTANCE CORPORATION. 38429.Court of Appeals of Georgia. DECIDED SEPTEMBER 16, 1960. REHEARING DENIED OCTOBER 27, 1960, AND NOVEMBER 14, 1960. The petition failed to set forth a cause of action for any of the relief sought therein, and the trial judge did not err in sustaining […]

241 S.E.2d 476 METTS v. THE STATE. 55057.Court of Appeals of Georgia.ARGUED JANUARY 4, 1978. DECIDED JANUARY 24, 1978. DEEN, Presiding Judge. There is direct evidence in this case that the defendant and another called a taxi between 5 and 6 a. m. and directed them to an address which proved to be a wine […]

422 S.E.2d 6 MARTIN v. THE STATE. A92A0792.Court of Appeals of Georgia. DECIDED JULY 7, 1992. RECONSIDERATION DENIED JULY 27, 1992. McMURRAY, Presiding Judge. Defendant was convicted of possession of cocaine with intent to distribute and sentenced to life in prison pursuant to OCGA §16-13-30 (d). Defendant was not given the possibility of parole because […]

311 S.E.2d 845 HOLT v. THE STATE. 67184.Court of Appeals of Georgia. DECIDED NOVEMBER 23, 1983. BIRDSONG, Judge. Enrique Holt was convicted of aggravated assault and sentenced to ten years, five to serve followed by five on probation. His appointed attorney has filed a motion to withdraw as counsel pursuant to Anders v. California, 386 […]

304 S.E.2d 408 MURRELL v. THE STATE. 65332.Court of Appeals of Georgia. DECIDED APRIL 4, 1983. REHEARING DENIED MAY 5, 1983. MCMURRAY, Presiding Judge. This case involves three separate violations of the Georgia Controlled Substances Act (three counts of selling marijuana) all allegedly made to the same undercover agent of the Georgia Bureau of Investigation. […]

415 S.E.2d 702 TUFF v. THE STATE. A91A1775.Court of Appeals of Georgia. DECIDED FEBRUARY 11, 1992. BIRDSONG, Presiding Judge. John Junior Tuff appeals his conviction for violating the Georgia Controlled Substances Act by selling crack cocaine to an undercover police officer. Tuff contends the trial court erred by refusing to disclose Page 773 the identity […]

286 S.E.2d 508 SUMMEROUR v. SAINT JOSEPH’S INFIRMARY, INC. 62375.Court of Appeals of Georgia. DECIDED OCTOBER 27, 1981. SHULMAN, Presiding Judge. This appeal is from a judgment entered upon a jury verdict for appellee-defendant in a medical malpractice action. The sole enumeration of error concerns the trial court’s refusal to grant appellant-plaintiff’s motion for a […]

379 S.E.2d 230 GOLDEN v. THE STATE. 77930.Court of Appeals of Georgia. DECIDED FEBRUARY 22, 1989. SOGNIER, Judge. Andre Alexis Golden pled guilty on December 22, 1987 to charges of robbery by force and armed robbery upon a negotiated plea and sentence arrangement. He did not move to withdraw his plea but instead appeals directly […]

368 S.E.2d 791 TAYLOR et al. v. AMISUB (McINTOSH TRAIL REGIONAL MEDICAL CENTER), INC. 75901.Court of Appeals of Georgia. DECIDED APRIL 13, 1988. CARLEY, Judge. Appellee-defendant entered into a written contract to purchase Griffin-Spalding County Hospital (Hospital). The sales contract provided, in pertinent part, that “[o]n and as of the closing date, all employees, with […]

149 S.E.2d 499 FAUST v. THE STATE (two cases). BELLEW v. THE STATE (two cases). 41426, 41427. 41428, 41429.Court of Appeals of Georgia. DECIDED APRIL 28, 1966. PANNELL, Judge. In accordance with the opinion of the Supreme Court of Georgia, 222 Ga. 27, the judgments of affirmance in the above cases are hereby vacated and […]

278 S.E.2d 170 LEADER NATIONAL INSURANCE COMPANY v. BERRY. 61055.Court of Appeals of Georgia. DECIDED FEBRUARY 23, 1981. SOGNIER, Judge. Appellee’s minor son was injured when an automobile in which he was a passenger crashed into a tree. Through appellee as next friend, the son filed suit against the driver and owner of the Page […]

106 S.E.2d 57 WARNER ROBINS SUN v. CLARY. 37368.Court of Appeals of Georgia. DECIDED OCTOBER 30, 1958. 1. The evidence demanded a verdict for the defendant in the main action. 2. The court did not err in overruling the plaintiff’s demurrer to the defendant’s answer. Page 501 3. The court erred in overruling the general […]

389 S.E.2d 3 McDEVITT STREET COMPANY et al. v. TRAMMELL. A89A1578.Court of Appeals of Georgia. DECIDED NOVEMBER 9, 1989. REHEARING DENIED NOVEMBER 22, 1989. BIRDSONG, Judge. Pursuant to our grant of a discretionary appeal, McDevitt Street Company (McDevitt) and Aetna Casualty Surety Company (Aetna) appeal from an order of the superior court again remanding this […]

562 S.E.2d 847 JACKSON v. THE STATE, A01A2524. McGINTY v. THE STATE, A01A2509 A01A2524, A01A2509.Court of Appeals of Georgia. DECIDED: MARCH 28, 2002. MILLER, Judge. Kahbarious Jackson was convicted of various offenses arising out of his participation in a group sexual assault of a woman. Beyond the issues he waived below, he argues on appeal […]

69 S.E.2d 827 CARTEE v. THE STATE. MIMMS v. THE STATE. 33824, 33825.Court of Appeals of Georgia. DECIDED MARCH 7, 1952. “Motions for continuance [or postponement], made at the term at which the indictment is found, while addressed to the discretion of the court, stand upon a different footing from such motions made at a […]

137 S.E.2d 382 ANDERSON v. CHEELY. 40640.Court of Appeals of Georgia. DECIDED MAY 6, 1964. FELTON, Chief Judge. 1. In an action to recover on a combination note and conditional sale contract a plea and answer setting forth that the plaintiff-vendor took possession of the automobile described in the contract about seven months prior to […]

186 S.E.2d 145 TRIPLE “C” RECREATION ASSOCIATION, INC. et al. v. CASH et al. CASH v. CONTINENTAL CAN COMPANY, INC. et al. 46143, 46144.Court of Appeals of Georgia.ARGUED APRIL 5, 1971. DECIDED OCTOBER 7, 1971. REHEARING DENIED NOVEMBER 2, 1971. PANNELL, Judge. Patricia L. Cash brought an action against Continental Can Company, Inc., Triple “C” […]

667 S.E.2d 686 RANSOM v. THE STATE. No. A08A1216.Court of Appeals of Georgia. DECIDED SEPTEMBER 23, 2008. JOHNSON, Presiding Judge. Willie Ransom was indicted for aggravated stalking, family violence battery, and two counts of cruelty to children. Following the testimony of two key witnesses at trial, Ransom pled guilty to all charges. Several weeks after […]

148 S.E.2d 83 PENNSYLVANIA THRESHERMEN FARMERS MUTUAL CASUALTY INSURANCE COMPANY v. HILL; and vice versa. 41716, 41741.Court of Appeals of Georgia.ARGUED JANUARY 10, 1966. DECIDED JANUARY 20, 1966. REHEARING DENIED MARCH 9, 1966. 1, 3. (a) A partial payment by a third party to one having an unliquidated damage claim against his minor son, not […]

243 S.E.2d 642 J. J. FOWLER, INC. v. FULTON NATIONAL BANK. 55109.Court of Appeals of Georgia.ARGUED JANUARY 11, 1978. DECIDED MARCH 9, 1978. McMURRAY, Judge. On December 26, 1975, J. J. Fowler pledged 3,862 shares of the Citizens Southern National Bank stock to secure his indebtedness to the Fulton National Bank of Atlanta. Fowler had […]

360 S.E.2d 430 HENDERSON et al. v. MARTIN BURKS CHEVROLET, INC. 74014.Court of Appeals of Georgia. DECIDED JULY 14, 1987. REHEARING DENIED JULY 30, 1987. CARLEY, Judge. Appellant-plaintiffs brought suit, alleging that their purchase of a pickup truck had been fraudulently induced by misrepresentations made by the agents of appellee-defendant. At trial, appellee moved for […]

673 S.E.2d 1 THURMAN v. THE STATE. Nos. A08A2276, A08A2277.Court of Appeals of Georgia. DECIDED DECEMBER 30, 2008. RECONSIDERATION DENIED JANUARY 22, 2009. ANDREWS, Judge. Brenda and James Thurman appeal from the judgment entered after a jury found them guilty of criminal attempt to manufacture methamphetamine. The Thurmans claim that the evidence was insufficient to […]

413 S.E.2d 498 DEPARTMENT OF CORRECTIONS v. COLBERT. A91A1213.Court of Appeals of Georgia. DECIDED NOVEMBER 21, 1991. ANDREWS, Judge. This appeal arose from actions of the trial court after the decision in Department of Corrections v. Colbert, 260 Ga. 255 (391 S.E.2d 759) (1990). Colbert affirmed the Superior Court’s judgment which reversed the State Personnel […]

448 S.E.2d 374 KANNADY et al. v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY et al. A94A1396.Court of Appeals of Georgia. DECIDED AUGUST 23, 1994. BEASLEY, Presiding Judge. Janet Kannady and her husband sued as a result of injuries sustained by her in a vehicular collision in Fulton County. They served two insurance companies, State Farm […]

120 S.E.2d 668 EMORY UNIVERSITY v. PORTER, by Next Friend, et al. 38804.Court of Appeals of Georgia. DECIDED MAY 2, 1961. REHEARING DENIED MAY 31, 1961. 1. A private noncharitable hospital is not liable to its patients for the negligent acts of an independent practicing physician Page 753 or surgeon using its facilities. In the […]

8 S.E.2d 126 SULLIVAN et al., administratrices, v. FEDERAL FARM MORTGAGE CORPORATION. 28059.Court of Appeals of Georgia. DECIDED MARCH 13, 1940. REHEARING DENIED MARCH 26, 1940. 1. The court did not err in overruling the defendants’ demurrer and the motion to dismiss the plaintiff’s action. The Federal Farm Mortgage Corporation was a legal entity created […]

114 S.E.2d 541 PETTY v. THE STATE. 38217.Court of Appeals of Georgia. DECIDED APRIL 5, 1960. REHEARING DENIED MAY 2, 1960. GARDNER, Presiding Judge. The defendant was convicted by a jury of assault with intent to rape. The jury recommended a minimum and maximum punishment of 10 years, and the court sentenced the defendant accordingly. […]

206 S.E.2d 588 LANIER et al. v. ROMM et al. 48896.Court of Appeals of Georgia.ARGUED JANUARY 7, 1974. DECIDED APRIL 2, 1974. CLARK, Judge. Appellants by their qualification as executors of the estate of H. B. Timms became holders of a purchase money promissory note and loan deed made by defendants Romm and Rauzin. Both […]

401 S.E.2d 76 EMRICH v. WINSOR et al. A90A1675.Court of Appeals of Georgia. DECIDED JANUARY 14, 1991. CARLEY, Judge. Appellant-plaintiff brought the instant action against appellee-defendants, alleging a civil claim for treble damages under both the federal and the Georgia RICO statutes. After a period of discovery, appellees moved for summary judgment and their motion […]

503 S.E.2d 70 INGRAM v. THE STATE. A98A0671.Court of Appeals of Georgia. DECIDED JUNE 8, 1998. SMITH, Judge. Alex Ingram was convicted on two charges of aggravated battery and one charge of aggravated assault.[1] His motion for new trial was denied and he appeals, raising as error the admission of testimony concerning a prior incident […]

553 S.E.2d 849 IN THE INTEREST OF S. H., A CHILD. A01A1391.Court of Appeals of Georgia. DECIDED: AUGUST 13, 2001. ELLINGTON, Judge. Kendrick Pratt appeals from the Gwinnett County Juvenile Court’s denial of his petition to legitimate five-year-old S. H. and from the termination of his parental rights. Pratt contends the evidence was insufficient to […]

82 S.E.2d 885 GUARANTEE TRUST LIFE INSURANCE COMPANY v. HILL, Administratrix. 35057.Court of Appeals of Georgia. DECIDED JUNE 23, 1954. 1. The motion to dismiss the writ of error is denied. 2. Where the bill of exceptions assigns error on the denial of a motion for new trial, other assignments of error in the bill […]

625 S.E.2d 458 BUTLER v. THE STATE. A06A0099.Court of Appeals of Georgia. DECIDED DECEMBER 6, 2005. RECONSIDERATION DENIED DECEMBER 16, 2005. BLACKBURN, Presiding Judge. Following a jury trial, Mack Butler appeals his conviction for selling cocaine, contending inter alia that the court erred in having Butler stand before the jury for identification and that his […]

643 S.E.2d 888 HULSEY v. THE STATE. No. A07A0928.Court of Appeals of Georgia. DECIDED MARCH 22, 2007. BLACKBURN, Presiding Judge. Following a jury trial, Gregory Hulsey appeals his conviction for trafficking in methamphetamine, challenging the sufficiency of the evidence and contending that the trial court erred (a) in failing to give a jury charge on […]

235 S.E.2d 636 KESSLER v. DEPARTMENT OF TRANSPORTATION et al. 53751.Court of Appeals of Georgia.ARGUED APRIL 12, 1977. DECIDED MAY 2, 1977. BANKE, Judge. The appellant owns a liquor business in Chatham County. In order to make road improvements, the appellee condemned the land on which the business was located, forcing the appellant to move […]

114 S.E.2d 170 DODD v. SLATER, Next Friend; and vice versa. 37982, 38017.Court of Appeals of Georgia. DECIDED MARCH 10, 1960. REHEARING DENIED MARCH 28, 1960. 1. A petition by the father as next friend of his 22-months-old daughter alleging that the defendant had furnished liquor to the infant and thereby caused injury to said […]

383 S.E.2d 378 ADAMS v. THE STATE. A89A0438.Court of Appeals of Georgia. DECIDED JUNE 20, 1989. CARLEY, Chief Judge. Appellant was tried before a jury and found guilty of bribery, trafficking in cocaine, and possession of marijuana. He appeals from the judgments of conviction and sentences entered by the trial court on the jury’s guilty […]

140 S.E.2d 927 ETHERIDGE v. CASHIN, Trustee. 41158.Court of Appeals of Georgia. DECIDED FEBRUARY 9, 1965. PANNELL, Judge. Where, to a judgment rendered prior to a defendant’s adjudication as a bankrupt, the defendant files a plea for stay of execution, which stay is granted pending determination of discharge, and where subsequently the defendant filed his […]

87 S.E.2d 222 WOODY v. WOODY. 35520.Court of Appeals of Georgia. DECIDED APRIL 8, 1955. 1. A party who personally appears to prosecute a divorce proceeding in the State of Florida will not be permitted, under the law, to collaterally attack such decree in Georgia. 2. The special ground is without merit for the reasons […]

9 S.E.2d 860 ANDERSON, administrator, v. LEDBETTER-JOHNSON CONTRACTORS. 28242.Court of Appeals of Georgia. DECIDED JUNE 28, 1940. BROYLES, C. J. 1. “It is well settled by the holdings of both this court and the Court of Appeals that the writ of certiorari does not lie to set aside a void finding or judgment. Bass v. […]

295 S.E.2d 576 CARTER v. THE STATE. 64556.Court of Appeals of Georgia. DECIDED SEPTEMBER 28, 1982. BIRDSONG, Judge. Dewey Carter, Jr. was found guilty of forgery in the first degree upon a bench trial. On appeal his sole enumeration of error is the allowance into evidence of exemplars to be used for handwriting comparison which […]

136 S.E.2d 136 WHITEN v. ORR CONSTRUCTION COMPANY, INC. 40409.Court of Appeals of Georgia. DECIDED MARCH 5, 1964. The trial court did not err in sustaining the demurrer to the petition; however, in view of the circumstances, the judgment of the trial court is affirmed with direction that the plaintiff be allowed to amend his […]

285 S.E.2d 576 PSI PNEUMATIC STRUCTURES, INC. et al. v. CITIZENS SOUTHERN NEWNAN BANK. 62521.Court of Appeals of Georgia. DECIDED SEPTEMBER 30, 1981. BANKE, Judge. This appeal is from an order of the superior court confirming a sale under power contained in a deed to secure debt. The appellant contends that the trial court’s order […]

660 S.E.2d 865 COWINS v. THE STATE. No. A08A0036.Court of Appeals of Georgia. DECIDED APRIL 8, 2008. MIKELL, Judge. A Douglas County jury convicted Jacob Anthony Cowins of possession of cocaine. Following the denial of his motion for new trial, Cowins contends that the trial court erred in overruling his chain of custody objection to […]

535 S.E.2d 543 BAYS et al. v. RIVER OAKS et al. A00A0673.Court of Appeals of Georgia. DECIDED: JUNE 9, 2000 JOHNSON, Chief Judge. On March 29, 1999, Joseph and Gina Bays sued River Oaks Construction, Inc., and Prudential Residential Services, L. P., after the home the Bayses purchased in February 1996 was found to have […]

183 S.E.2d 624 CHRISTOPHER v. McGEHEE. 46001.Court of Appeals of Georgia.ARGUED MARCH 1, 1971. DECIDED JUNE 24, 1971. REHEARING DENIED JULY 21, 1971. BELL, Chief Judge. 1. Plaintiff brought this suit to recover on a breach of warranty which arose out of the contract of sale of an automobile. The plaintiff’s motion for summary judgment […]

487 S.E.2d 529 DAL-TILE CORPORATION v. CASH N’ GO, INC. A97A0917.Court of Appeals of Georgia. DECIDED JUNE 12, 1997. CERT. APPLIED FOR. McMURRAY, Presiding Judge. Defendant Dal-Tile Corporation (“Dal-Tile”) appeals from a bench trial ruling and judgment finding it liable to plaintiff Cash N’ Page 809 Go for the amount of a check Dal-Tile wrote […]

607 S.E.2d 147 WINSTON v. THE STATE. A04A2028.Court of Appeals of Georgia. DECIDED OCTOBER 29, 2004. RECONSIDERATION DENIED NOVEMBER 30, 2004. PHIPPS, Judge. A jury found Hazel Winston guilty of reckless driving and failure to exercise due care after she struck two pedestrians with her truck. On appeal, she argues that the evidence was insufficient […]

615 S.E.2d 558 MABLETON PARKWAY CVS, INC. et al. v. SALTER. A05A0682.Court of Appeals of Georgia. DECIDED MAY 27, 2005. BARNES, Judge. This court granted the defendant drug store’s petition for an interlocutory appeal of the trial court’s denial of its motion for summary judgment in this case involving a wrongly-filled prescription. For the reasons […]

410 S.E.2d 309 GRIGGS v. ALL-STEEL BUILDINGS, INC. et al. A91A0669.Court of Appeals of Georgia. DECIDED JULY 31, 1991. RECONSIDERATION DENIED SEPTEMBER 5, 1991. POPE, Judge. The issue presented by this appeal is in which forum may the claimant in a workers’ compensation case bring a motion to set aside the award of compensation now […]

150 S.E.2d 358 WOOD v. MOBLEY. 41790.Court of Appeals of Georgia.SUBMITTED FEBRUARY 7, 1966. DECIDED JULY 15, 1966. REHEARING DENIED JULY 27, 1966. 1. Where a motion for directed verdict was overruled and thereafter, in accordance with Code Ann. § 110-113, a motion for judgment notwithstanding the verdict was made and denied, failure to enumerate […]

119 S.E.2d 297 STATE OF GEORGIA et al. v. SMALLWOOD. 38647.Court of Appeals of Georgia. DECIDED MARCH 9, 1961. REHEARING DENIED MARCH 20, 1961. NICHOLS, Judge. 1. The “Revenue Bond Law” (Ga. L. 1937, p. 761; Code Ann. Ch. 87-8), setting forth the procedures when municipalities desire to issue revenue bonds provides: That within six […]

553 S.E.2d 319 WILLIS et al. v. FIRST DATA POS, INC. A00A1502.Court of Appeals of Georgia. DECIDED: JULY 31, 2001 ELDRIDGE, Judge. In First Data POS, Inc., f/k/a Microbuilt Corp. v. Willis, et al., 273 Ga. 792 (546 S.E.2d 781) (2001) (Case No. S00G1904; Decided May 7, 2001) the Supreme Court reversed the judgment of […]

338 S.E.2d 537 CARTER v. THE STATE. 71200.Court of Appeals of Georgia. DECIDED DECEMBER 2, 1985. DEEN, Presiding Judge. The appellant, Moses Carter, pled guilty to a charge of possession of marijuana with the intent to distribute. The plea was entered pursuant to an agreement negotiated between his court-appointed attorney Page 102 and the district […]

323 S.E.2d 713 CROSS v. CABLEVISION OF AUGUSTA, INC. 68323.Court of Appeals of Georgia. DECIDED NOVEMBER 7, 1984. McMURRAY, Chief Judge. Defendant is in the business of providing a cable television service. On August 20, 1982, two of defendant’s employees, during the course of an investigation of possible unauthorized hookups, were on the premises of […]

421 S.E.2d 534 HERITAGE INSURANCE COMPANY OF AMERICA v. EVANS. A91A0995.Court of Appeals of Georgia. DECIDED JUNE 4, 1992. RECONSIDERATION DENIED JULY 23, 1992. ANDREWS, Judge. Zack Stamp, Director of Insurance for Illinois, appeals the grant of Marvin M. Black Company’s motion for reconsideration of the grant of Stamp’s motion for new trial. Black was […]

234 S.E.2d 853 MAYER v. TURNER et al. 53625.Court of Appeals of Georgia.ARGUED MARCH 8, 1977. DECIDED APRIL 20, 1977. BANKE, Judge. The appellant sued the appellee as a corporation and as an individual, for damages arising from its alleged breach of contract and grossly negligent actions in regard to the burial of her deceased […]

559 S.E.2d 81 GATEWOOD v. THE STATE. A01A2391.Court of Appeals of Georgia. DECIDED: JANUARY 16, 2002 JOHNSON, Presiding Judge. Gerald Gatewood was indicted for aggravated child molestation, seven counts of sexual exploitation of children, contributing to the delinquency of a minor, and two counts of exhibiting pornographic materials to a minor. A jury found him […]

435 S.E.2d 267 BEAVERS v. GILSTRAP; and vice versa. A93A1705, A93A1706.Court of Appeals of Georgia. DECIDED AUGUST 16, 1993. BLACKBURN, Judge. These appeals arise out of a motor vehicle collision on August 8, 1990, when the automobile driven by Craig Gilstrap struck the rear of the vehicle in which Joann Beavers was a passenger. Beavers […]

258 S.E.2d 674 SCHAFFER v. CITY OF ATLANTA. 57327.Court of Appeals of Georgia.SUBMITTED MARCH 7, 1979. DECIDED JULY 10, 1979. REHEARING DENIED JULY 26, 1979. DEEN, Chief Judge. The appellant Barbara Schaffer, d/b/a Love Machine, whose business was closed as a public nuisance by the Municipal Court of Atlanta, timely applied for certiorari to the […]

102 S.E.2d 96 BRANNEN v. LANIER. 37000.Court of Appeals of Georgia. DECIDED JANUARY 28, 1958. FELTON, Chief Judge. 1. Where a plaintiff sues on a special or express contract he cannot recover on a quantum meruit. Baldwin v. Lessner, 8 Ga. 71; Alford v. Davis, 21 Ga. App. 820 (4 c) (95 S.E. 313); Shropshire […]

569 S.E.2d 572 LADOW v. THE STATE. A02A0635.Court of Appeals of Georgia. DECIDED: JULY 11, 2002 PHIPPS, Judge. Terri Ladow appeals her conviction for driving under the influence (DUI) to the extent it was less safe for her to drive,[1] contending that the trial court erred in admitting the results of her state-administered blood test […]

282 S.E.2d 759 ROSS v. ROSS. 61628.Court of Appeals of Georgia. DECIDED JULY 2, 1981. POPE, Judge. Appellant filed this garnishment action against appellee seeking to recover alimony payments due her under a final judgment entered in Civil Action No. 44810 in the Superior Court of Muscogee County. Appellee filed a traverse thereto in which […]

19 S.E.2d 171 METROPOLITAN LIFE INSURANCE COMPANY v. ANGLIN. 29196.Court of Appeals of Georgia. DECIDED FEBRUARY 27, 1942. Where it appears from the undisputed evidence that the death of an insured resulted directly and proximately from his own flagrant and criminal misconduct, his death is not accidental within the meaning of the double-indemnity provision of […]

526 S.E.2d 434 THOMPSON v. THE STATE. A99A1993.Court of Appeals of Georgia. DECIDED: DECEMBER 3, 1999. JOHNSON, Chief Judge. A jury found John Thompson guilty of three counts of child molestation, two counts of rape, and one count each of obstructing a law enforcement officer and possessing a knife during the commission of a felony. […]

183 S.E.2d 410 PARKE, DAVIS COMPANY v. MAYES et al. (two cases). 46317, 46318.Court of Appeals of Georgia.ARGUED JUNE 1, 1971. DECIDED JULY 9, 1971. BELL, Chief Judge. These cases were brought to recover for damages arising from the illness of aplastic anemia caused by the consumption of chloromycetin, a drug manufactured by Parke, Davis […]